[2017] KEELRC 1497 (KLR)
The court found that the claimant and her advocate had failed to take any meaningful steps to prosecute the cause since April 2015, despite ample opportunity and notice. The advocate's belated move to cease acting was viewed as a tactic for convenience rather than a genuine procedural necessity. The court exercised...
Source-derived case information.
- Citation
- [2017] KEELRC 1497 (KLR)
- Parties
- Applicant: Rebecca Mueni Michael; Respondent: Hon. Stephen Kalonzo Musyoka; Respondent: Mwingi North Constituency Office
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2300 of 2012
- Procedural Posture
- Employment Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- cause dismissed for want of prosecution
- Judges
- MSA Makhandia
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Advocate Ceasing to Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rebecca Mueni Michael
Applicant
Hon. Stephen Kalonzo Musyoka
Respondent
Mwingi North Constituency Office
Respondent
Procedural Posture
Employment Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the claimant's cause should be dismissed for want of prosecution due to inaction.
- 2 Whether the claimant's advocate's request to cease acting justified further adjournment.
Ratio Decidendi
The court found that the claimant and her advocate had failed to take any meaningful steps to prosecute the cause since April 2015, despite ample opportunity and notice. The advocate's belated move to cease acting was viewed as a tactic for convenience rather than a genuine procedural necessity. The court exercised its discretion to dismiss the cause for want of prosecution, holding that the claimant's side had not demonstrated diligence or justified the continued pendency of the matter.
Court Disposition
cause dismissed for want of prosecution
Orders
- The cause is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 2300 OF 2012
REBECCA MUENI MICHAEL…………………….....….CLAIMANT
VERSUS
HON. STEPHEN KALONZO MUSYOKA……....1ST RESPONDENT
MWINGI NORTH CONSTITUENCY OFFICE…. 2ND RESPONDENT
RULING
1. This Cause was filed on 15 November 2012 and a Response was filed on 20th February 2013.
2. The last time the parties took a step in the file was on 16th April 2015 when the Respondent changed advocates.
3. The Deputy Registrar of the Court issued a hearing notice on 8th March 2017 but when the Cause was called for hearing on 3rd April 2017, the Claimant’s advocate sought an adjournment because contact had been lost with the Claimant. The advocate in Court also indicated that the firm intended to apply to cease from acting.
4. The Claimant’s advocate on record has had more than enough time to move Court to cease from acting and its belated move was more of a convenience to get an adjournment, as it is clear from the file that it has not been diligent in progressing the Cause.
5. In the circumstances, the Court dismisses the Cause with no order as to costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Representations
For Claimant Alphonce Mutinda & Co. Advocates
For Respondent Musyoka Murambi & Associates
Assistant Court Nixon